Tuesday, June 16, 2020

Football, intellectual property rights and the WTO - cannot get more entangled than this!

Football, intellectual property rights, broadcasts and the World Trade Organization clubbed together? Highly uncommon bedfellows? That is what I thought till I came across a few news reports here, here and here about  an impending WTO panel report between Qatar and Saudi Arabia.

Have been away from WTO dispute settlement for a while - so got me curious. And yes, there is a dispute in the WTO between Saudi Arabia and Qatar over obligations under the TRIPS Agreement.It involves infringement of intellectual property rights, including copyright and broadcasting rights.

DS567, Saudi Arabia - Measures concerning the protection of Intellectual Property Rights is a dispute initiated by Qatar against Saudi Arabia in 2018. 

Qatar alleged that certain measures of Saudi Arabia violated intellectual property rights of Qatari citizens and entities including beIN Media Group LLC. Among Saudi Arabia's measures that were alleged was a 19 June 2017 Circular, issued by the Saudi Ministry of Culture and Information together with the General Commission of Audio and Visual Media. This Circular stated that distribution of beIN media content and charging of related fees in Saudi Arabia "shall result in the imposition of penalties and fines and the loss of the legal right to protect any related intellectual property rights ....". Further, there was a charge that there was piracy of beIn's content in Saudi Arabia which the Saudi authorities did not prevent.

A lucid account of the dispute and what it means for English football is here.

Will await the WTO report - more when I go through it.


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